"LOWER COURTS REJECTED DARRYL DURR'S LAST-MINUTE LEGAL CHALLENGES LAST WEEK. THE 6TH U.S. CIRCUIT COURT OF APPEALS IN CINCINNATI AFFIRMED THOSE RULINGS MONDAY, INCLUDING ONE IN WHICH HIS ATTORNEYS HAD ARGUED DURR COULD BE VIOLENTLY ALLERGIC TO THE ANESTHETIC OHIO USES TO PUT INMATES TO DEATH."
THE ASSOCIATED PRESS:
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BACKGROUND: Darryl Durr faces execution on Tuesday April 20, 2010 in Ohio. A key piece of evidence in the case is a necklace found on the body of Angel Vincent who is said to have been strangled to death. Durr wants the necklace to be tested for DNA which he believes will exculpate him and identify the actual killer. The State has denied the DNA test. Ohio defence lawyer Jeff Gamso says that in Ohio a prisoner who's statutory request for DNA testing is denied in the trial court has an automatic right to appeal that denial. - unless the prisoner is on death row. Gamso notes that "The prisoner on death row has a right to ask permission to appeal. Darryl Durr did. The courts said "no.""
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"COLUMBUS, Ohio (AP) -- A federal court has rejected appeals by an Ohio inmate scheduled to be executed Tuesday for raping and strangling a 16-year-old girl," the Associated Press reported earlier today.
"Lower courts rejected Darryl Durr's last-minute legal challenges last week. The 6th U.S. Circuit Court of Appeals in Cincinnati affirmed those rulings Monday, including one in which his attorneys had argued Durr could be violently allergic to the anesthetic Ohio uses to put inmates to death," the Associated Press story continued.
"Also Monday, the 46-year-old Durr was transferred from a state prison in Youngstown to the Southern Ohio Correctional Facility in Lucasville, home to the state's death chamber.
Durr was convicted of kidnapping Angel Vincent from her northern Ohio home in 1988. Her body was found in a park months later."
Harold Levy...hlevy15@gmail.com;
